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HomeMy WebLinkAboutMinutes - 05-22-01 - Regular MeetingThe City Council of the City of Downey held a regular meeting at 7:38 p.m., May 22, 2001, in the Council Chamber of the Downey City Hall, Mayor Robert C. Winningham presiding. PRESENT: Council Members: ALSO PRESENT: PRESENTATIONS Council Minutes 5/22/01 - MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY MAY 22, 2001 Robert C. Winningham Mayor Meredith H. Perkins Mayor Pro Tem Rick Trejo Kirk O. Cartozian Keith McCarthy Gerald M. Caton, City Manager Charles Vose, City Attorney Kathleen Midstokke, City Clerk Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works John Finch, Police Chief Darrell George, Director of Community/Economic Development James Jarrett, Director of Community Services John Michicoff, Director of Finance Mark Sauter, Fire Chief Jason Mikaelian, Associate Planner Mark Sellheim, Principal Planner June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary Mayor Winningham presented to Ed Estrella, Assistant Civil Engineer, Public Works Department, Engineering Division, a Proclamation declaring the week of May 20-26, 2001, National Public Works Week. Mayor Winningham presented to Gerry Steward, Utilities Assistant Superintendent, Public Works Department, Water Division, a Proclamation declaring the month of May 2001, Water Awareness Month. 013799) Mayor Winningham and Mayor Pro Tem Perkins presented City Pins to new Miss Downey Stephanie Tauson and her court, Princesses Bianca Arceo, and Jennifer Torices (Princesses Julie Maldonado and Nicole Tyson were not in attendance); and to Miss Teen Downey Amanda McGrew and her court Teen Princesses Pamela Twyman and Kim Scott. He mentioned the outstanding job these ladies do representing the City and also acknowledged Mike and Joyce Prokop who support and chaperone the girls throughout the year. 013794 HEARINGS Mayor Winningham opened the Public Hearing to consider the APPEAL OF ZONE VARIANCE NO. 01 -18 FOR PROPERTY LOCATED AT 9856 DOWNEY - SANFORD BRIDGE ROAD. Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and so ordered to receive and file. Mr. Mikaelian explained that Zone Variance No. 01 -18 is a request for a 38 foot wide driveway in the front yard setback area and oversized fencing for a tennis court in the rear yard setback for property at 9856 Downey- Sanford Bridge Road, zoned R1- 10,000 (single- family residential). He advised the zone variance was approved April 18, 2001, by the Planning Commission who also approved Conditional Use Permit (CUP) No. 01 -19 for light standards for the tennis court. He narrated a visual program of the site, advising tennis courts are a permitted accessory use in the R1 zone; however, walls and lighting require a public hearing. Adjacent property owners voiced their concerns about possible negative impacts to their properties from this project at the Planning Commission hearing. He mentioned changes recommended by staff to address these concerns and reviewed conditions approved by the Planning Commission. Ms. Midstokke indicated correspondence dated May 18th was received today from Appellant, Margaret Marvin, pointing out her concerns with noise and artificial lighting and requesting assurance that no business permit will be issued that would allow the subject property to be used as a commercial or entertainment enterprise for tennis instructions, instructions of whatsoever kind, unorganized gatherings, or organized clubs. She also mentioned her inability to attend the Public Hearing tonight due to physical disabilities. It was moved by Council Member Perkins, seconded by Council Member Trejo, and so ordered to receive and file. Mayor Winningham asked if the applicant or his representative wished to come forward and present their case. Bozena Jaworski, RPP Architects, 3837 East Seventh Street, Long Beach, Planning Consultant for Sergio Estevez, Architect, and Guillermo Padilla, owner of the subject property, stated the Planning Commission did a wonderful job regarding the concerns of neighbors. She noted Mr. Padilla consented to the conditions set forth and hoped the adjacent neighbors would also be in agreement. She referred to the present zoning of the property; single- family residential, and stated noise is part of the family lifestyle. She advised that Mr. Estevez and Mr. Padilla were also present. Mayor Winningham asked if there was anyone present to speak in favor of the appeal to Zone Variance No. 01 -18. He then asked if there was anyone present to speak in opposition of the Appeal. There being no speakers, it was moved by Council Member Cartozian, seconded by Council Member McCarthy, and so ordered to close the public hearing. Council Minutes 5/22/01 -2- RESOLUTION NO. 6477 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING ZONE VARIANCE NO. 01 -18, TO PERMIT A 38 FOOT WIDE DRIVEWAY IN THE FRONT YARD SETBACK AREA AND OVERSIZED FENCE FOR A TENNIS COURT IN THE REAR YARD SETBACK AREA ON PROPERTY AT 9856 DOWNEY AND SANFORD BRIDGE ROAD, ZONED R1- 10,000 (SINGLE- FAMILY RESIDENTIAL) The Resolution was read by title only. It was moved by Council Member McCarthy, seconded by Council Member Trejo, to adopt the Resolution. (There was no vote taken at this time. Further discussion ensued and a further motion and second was made). Council Member Cartozian mentioned attending the Planning Commission meeting when this item was presented and was satisfied with discussions and compromises made on behalf of the neighboring residents, referring to Page 3 of the staff report. He inquired if the 38 -foot wide driveway was approved due to fact this site could be divided into two lots and the response was yes. Council Member McCarthy referred to Ms. Marvin's letter, noting her two objections relate to sound and artificial lighting. He commended the Planning Commission and City staff for addressing these issues and supported staff's recommendation to deny the Appeal. Council Member Trejo supported the Planning Commission's decision and inquired as to how the condition that the facility only be used for tennis would be enforced. Mr. Mikaelian advised that enforcement would be initiated through reports from neighboring property owners. ; 01378 Council Member Perkins noted the Conditional Use Permit is for lighting and fencing only, as the tennis court is allowed by right in this zone, and he felt the Planning Commission did an excellent job in addressing this item. He advised one condition of the CUP is that lighting will not spill over into neighboring yards and another is that tennis usage is limited to the hours between 7:00 a.m. and 10:00 p.m. Mayor Winningham advised he was also present at the Planning Commission meeting when this issue was discussed and noted Ms. Marvin was not able to attend, as she is immobile due to physical conditions. Her mentioned her concern with noise and suggested reducing the hours of operation to cease earlier in the evening, such as at 8:00 p.m. or 9:00 p.m. He also mentioned her concern that the City never issue a business permit to the applicant to turn the tennis court into a commercial entertainment center for tennis or other purposes and stated this would never be allowed by the City. After further discussion by the Council regarding a reduction in the hours of tennis court lighting, the Applicant was requested to comment. Mr. Padilla advised he usually arrived home from work at 7:00 p.m. and agreed to 9:00 p.m. as the shutoff time for the tennis court lighting. Council Minutes 5/22/01 -3- 0137"1 It was moved by Council Member Cartozian, seconded by Council Member Perkins, and unanimously carried to waive further reading and adopt, with the amendment noted to the hours allowed for tennis court lighting in Exhibit A, Condition 4, until 9:00 p.m. Prior to the vote, Council Member Perkins inquired as to where the amendment to the hours of lighting would be located in the Zone Variance. Mr. Mikaelian advised that lighting is part of the CUP and is not listed as a condition of the Zone Variance. He noted it is Condition No. 8 under the CUP on Planning Commission Resolution No. 2118, Mr, Vose advised that Exhibit A, Condition 4, could be amended to include the hours for tennis court lighting. Council Member McCarthy stated he did not see the benefit or need to reduce the hours for lighting and suggested leaving the hours as previously approved in the CUP. Mayor Winningham opened the public hearing on ZONE CHANGE NO. 01 - 21, FOR PROPERTIES LOCATED AT 8319, 8325 AND 8333 IOWA STREET. Ms. Midstokke affirmed receipt of the Proof of Publication. It was moved by Council Member McCarthy, seconded by Council Member Cartozian and so ordered to receive and file. Mr. Sellheim explained Zone Change No. 01 -21 is a request to rezone three adjoining parcels at 8319, 8325 and 8333 Iowa Street to HM (Hospital - Medical Arts) from M2 (General Manufacturing). He narrated a visual program noting the Planning Commission considered this application at its meeting on April 18, 2001, and adopted Resolution 2019 recommending approval by the City Council. The site totals nearly 34,000 square feet, has 215 feet of street frontage, is 154 feet deep, and currently supports a 9,100 square foot building used for automobile and auto body repairs. He noted the HM zone is appropriate to accommodate the two -story 12,000 square foot medical office building the applicant proposes to develop, which is not allowed within the existing M2 zoning. He pointed out the applicant has already taken steps to consolidate the three parcels into one 34,000 square foot site by filing Tentative Parcel Map No. 01- 26309, which was approved by the Planning Commission. He explained that rezoning this property brings it into consistence with the General Plan adopted in 1992, which changed the subject site and surrounding block from General Manufacturing to Office. Council Member Perkins inquired why the zone change was for these three parcels only and not the entire block and was informed that the Planning Commission directed staff to look into changing the zone for the entire block but did not want to delay the applicant's request. There was no correspondence received regarding this matter. Mayor Winningham asked if anyone present, including the applicant, wished to speak in favor of the zone change. Council Minutes 5 /22/01 -4- Lennie Whittington, 8542 Manatee Street, supported the zone change, noting other medical buildings and retirement centers nearby. He mentioned a senior - housing complex has also been proposed for this area, which he felt would be compatible with the HM zoning. There being no one else to speak, it was moved by Council Member Cartozian, seconded by Council Member Perkins, and so ordered to close the public hearing. ORAL COMMUNICATIONS ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING THE CITY'S COMPREHENSIVE ZONING MAP AND APPROVING ZONE CHANGE NO. 01 -21, CHANGING THE ZONE FOR PROPERTY AT 8319, 8325 AND 8333 IOWA STREET FROM M2 (GENERAL MANUFACTURING) TO HM (HOSPITAL - MEDICAL ARTS), ASSESSOR PARCEL NOS. 6255- 008 -017, 018 AND 019 The Ordinance was read by title only. It was moved by Council Member Perkins, seconded by Council Member Cartozian, and unanimously carried to waive further reading and introd uce. Council Member Trejo concurred with the zone change and felt it was ideal for medical offices to be near the hospital. He also noted the applicant, Doctor Multani, is a very respected physician in the City. The balance of the Council concurred. Council Minutes 5/22/01 -5- Lennie Whittington, 8542 Manatee Street, mentioned the City Council lowered the utility users tax on gas bills from 5 to 3 -1/2 percent in March 2001, and pointed out the Public Utilities Commission just approved a 47 percent rate increase for electricity, which is retroactive to March 27, 2001. He requested the utility user's Tax be lowered to 2 -1/2 percent for both electricity and gas and that the reduction remain in place until the increases level off. He noted many seniors, handicapped and low- income residents cannot afford these increases and felt the City was in a better financial position than these residents. Zenaida Guerra, 7975 E. Second Street, commented on ongoing problems with the 24 - hour gas station next to her home. She stated the gas station is in violation of Conditional Use Permit No. 68 and other Downey Municipal Codes and requested the Council require the owner to reduce the hours of operation, correct the reflection of lights to her residence, and to return the station operation to what it was when she bought her residence in 1990. She also noted an eighteen -wheel refrigeration truck is parking in the alley along her property line with the motor running for over half an hour and questioned why this truck would need to be at the gas station when it is only approved to provide gasoline, water and oil. Mayor Winningham mentioned the gas station owner did perform some mitigation measures on the lights and advised Ms. Guerra he would be in contact with her shortly. 0137'? CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Items VI -C -1, CASH CONTRACT NO. 612, DOWNEY INTERMODAL TRANSIT CENTER, VI -E -3, COOPERATIVE AGREEMENT WITH CALTRANS FOR RELINQUISHMENT OF LAKEWOOD BOULEVARD FROM GARDENDALE STREET TO TELEGRAPH ROAD TO THE CITY OF DOWNEY, and VI -E -4, 1999 DRINKING WATER CONSUMER CONFIDENCE REPORT, were removed at the request of Council Member McCarthy. Agenda Item, VI -E -1, AGREEMENT FOR CROSSING GUARD SERVICES, was removed at the request of Council Member Cartozian. Agenda Item VI -F -2, FUNDING AGREEMENT WITH THE CITY OF SOUTH GATE GARFIELD AVENUE — PAVEMENT REHABILITATION GARDENDALE STREET TO CITY LIMITS, was removed at the request of Council Member Perkins. CONSENT CALENDAR It was moved by Council Member McCarthy, seconded by Council Member Cartozian, and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, MAY 8, 2001: Approve WARRANTS ISSUED: NO. 166403 — 166779; WIRE NUMBERS 158; 30000126 -133; $2,180,687.57: Approve WEAPONS FIRING RANGE CONTRACT WITH THE RIO IIONDO COMMUNITY COLLEGE DISTRICT: Authorize the Mayor to enter into a contract renewal with the Rio Hondo Community College District for the use of their weapons firing range for Police Department weapons training: Approve. REMODELING OF FIRE DEPARTMENT EMERGENCY OPERATIONS CENTER, 8019 ORANGE STREET, CASH CONTRACT NO. 621: Approve plans and specifications and grant authority to advertise for bids: Approve. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF DR. OTTO KAHN TO THE DOWNEY CITY HOSPITAL COMMISSION, COUNCIL DISTRICT 5 Council Minutes 5/22/01 -6- RESOLUTION NO. 6478 (ADOPT) ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS 2001 -2002 PROPOSED BUDGET RESOLUTION NO. 6480 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPLICATION FOR PEDESTRIAN FUNDS FOR FISCAL YEAR 2000 -2001 AUTHORIZED UNDER TRANSPORTATION DEVELOPMENT ACT ARTICLE III (S.B. 821) RESOLUTION NO. 6481 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPOINTING LEE POWELL CITY TREASURER OF THE CITY OF DOWNEY ORDINANCE NO. 1101 (ADOPT) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING CHAPTER 3, OF ARTICLE III, OF THE DOWNEY MUNICIPAL CODE PERTAINING TO THE REGULATION OF FIREWORKS After discussion by the Council, it was so ordered to set the Budget Study Session for 4:00 p.m., June 12, 2001, prior to the Council Meeting. Council Member McCarthy suggested the City Manager's report be available on the Internet for public review and input. Mayor Winningham noted the information is currently available at the Library. OTHER BUSINESS - Consent Calendar - Items removed by Council Annroval CASH CONTRACT NO. 612, DOWNEY INTERMODAL TRANSIT CENTER (ACCOUNT NO. 55 -1 -7532) Council Minutes 5 /22/01 -7- Mr. Alvarez advised the Council approved plans and specifications at its March 27, 2001, meeting for the construction of the Downey Intermodal Transit Center. Six bids were received and the lowest bid was $1,841,000. He referred to the bid summary in the staff report, which shows the range of bids, and he reviewed work to be included onsite and offsite. 013 Council Member McCarthy requested staff consider continuation of the architectural concept along Downey Avenue north of Firestone Boulevard to the railroad tracks to make the railroad tracks the entry to downtown. He also reiterated his concern with the design of the structure and would prefer an improved design. Council Member Cartozian pointed out a discrepancy on Page 2 of the staff report under Financial Impact, noting the estimated cost in the first paragraph is $3,012,500 and the Total Project Cost is listed as $3,052,500. He was informed this was a typing error and will be corrected. Council Member McCarthy inquired about the additional cost to tie in the south side of Firestone Boulevard to the railroad tracks and was informed it would add a small amount to the cost, which staff will bring back to the Council. He also suggested bringing this issue before the Downtown Subcommittee. It was moved by Council Member Perkins, seconded by Council Member Trejo, and unanimously carried to award a contract in the amount of $1,841,000 to Metro Builders and Engineering Group, Ltd., for construction of the Downey Intermodat Transit Center and related off -site improvements under Cash Contract No. 612; and appropriate additional Proposition A Local Return Funds in the amount of $350,000. AGREEMENT FOR CROSSING GUARD SERVICES Council Member Cartozian noted the City will spend $171,675 for crossing guard services in the next fiscal year and mentioned being contacted by senior citizens who wish to volunteer as crossing guards. He inquired if this would be a liability issue and if the service must be contracted out Chief Finch advised he preferred senior volunteers donate their time to other duties and stated the benefits of subcontracting this service out are that the City gains consistency, automatic training by the contractor, liability insurance, and workmen's compensation insurance Council Member McCarthy stated this contractor is doing a good job and noted some of the crossing guards have been around for a long time. They have also been very responsible in setting out cones at intersections to raise driver awareness. Chief Finch noted they are a very responsible contractor and respond within 24 hours to any change. They are also the largest company providing this service in the region and know their business. Council Member Cartozian referred to an item in the news regarding cones being used in a dangerous way and urged people to leave cones alone and to drive around any cones that are out of place. Council Member Trejo noted he fully supports any kind of service that enhances the safety of children in the City. Council Minutes 5/22/01 -8- It was moved by Council Member McCarthy, seconded by Council Member Perkins, and unanimously carried to authorize the City Manager to sign the Agreement extending for one (1) year the City's Crossing Guard Agreement with All City Management Services, Inc. COOPERATIVE AGREEMENT WITH CALTRANS FOR RELINQUISHMENT OF LAKEWOOD BOULEVARD FROM GARDENDALE STREET TO TELEGRAPH ROAD TO THE CITY OF DOWNEY Council Member McCarthy noted south Downey, from Gardendale Street to Century Boulevard, has been left out of this relinquishment and requested its inclusion in the future. Mr. Alvarez advised staff had been working with Caltrans about relinquishing the section of Lakewood Boulevard from Gardendale Street to Century Boulevard, and thought State legislation introduced by Senator Betty Karnette in 1999 included the entire segment of Lakewood Boulevard. He stated this was an oversight; staff is still working with Caltrans; and further legislation will be introduced this year to bring back another agreement for the relinquishment of the southern portion of Lakewood Boulevard. Council Member Perkins thanked Mr. Alvarez and the Public Works department, noting negotiations started more than two years ago, at which time Caltrans said it would cost $4.5 million to upgrade Lakewood Boulevard but due to the staff's diligence, the City is now receiving $9.8 million. Mayor Winningham noted this has been an issue since he has been on the Council and asked when the budget for the $9.8 million would be brought forward. Mr. Alvarez noted it will probably be more than four months before the agreement is finalized by Caltrans. After the Council approves it, final approval is required from the California Transportation Commission. Design studies will then commence and the agreement will probably be brought back to the Council within six months to a year from now. Lennie Whittington, 8542 Manatee Street, inquired if the $9.8 million will cover the costs of the repairs and upgrades. He noted negotiations for improvements on the portion of Lakewood Boulevard from Rosecrans Avenue to Gardendale Street indicated a cost of $800,000, if approved. Mr. Vose noted a revised agreement was submitted to the Council, which cleared up a couple of issues regarding the interchange at the 105 Freeway. Council Member McCarthy requested that the last paragraph on Page 2 of the staff report be corrected to read "between Century Boulevard and Gardendale Street." It was moved by Council Member McCarthy, seconded by Council Member Trejo and unanimously carried to authorize the execution of a cooperative agreement with Caltrans for the relinquishment of Lakewood Boulevard between Gardendale Street and Telegraph Road to the City of Downey, with amendments as noted. (A draft copy of the Agreement was in the Public Packet: The revised copy of the Agreement was submitted to the Council prior to the Council Meeting.) Council Minutes 5/22/01 -9- 0:13799 0138 O 1999 DRINKING WATER CONSUMER CONFIDENCE REPORT Council Member McCarthy complimented the Public Works Department, Water Board and Water Facilities Corporation, noting Downey ranked Number 8 and received an "A" grade out of 249 reports graded Statewide. He noted the quality of water is one of the things that make Downey a better place to live. Council Member Cartozian echoed the sentiments of Council Member McCarthy and referred to issues regarding water quality in the last few years and commended the Public Works Department. Mayor Winningham thanked Gerry Steward for an outstanding job in the preparation of the Consumer Confidence Report. It was moved by Council Member Trejo, seconded by Council Member McCarthy, and unanimously carried to receive and file the report on the results of the 1999 "Measuring Up II" Consumer Confidence Report evaluation. FUNDING AGREEMENT WITH THE CITY OF SOUTH GATE — GARFIELD AVENUE — PAVEMENT REHABILITATION, GARDENDALE STREET TO THE CITY LIMITS Council Member Perkins mentioned receiving a call from the American Legion Post on Garfield Avenue shortly after his election to the Council requesting sidewalks be placed in front of that facility. The Mayor at that time also visited the site with the Public Works Director. He noted this portion of the west -side of Garfield Avenue is located in the City of Downey but is owned by the County of Los Angeles and he questioned whether the City would consider putting sidewalks in front of the Rancho project, which is also owned by the County of Los Angeles. He felt the City would not and noted the Rancho project is under a specific plan that when completely built out, the County must install either an underpass or overpass at the railroad tracks. He did not feel this portion of Garfield Avenue is a heavily walked area and thought the City's money could be used in a better location. He requested Council review and suggested the agreement exclude sidewalks for that portion of Garfield Avenue. Council Member McCarthy advised that he met with the head of the American Legion Post along with the Director of Public Works and County staff and noted this property is something no one wants to deal with. It is on the City's border and gets very little use or attention. He questioned whether the County was approached regarding funding the sidewalks. Mr. Alvarez advised the County has been approached but it has become a stalemate situation and they have not come forth with additional funding. He noted sidewalks were included in the agreement because there will be quite a bit of work done to Garfield Avenue along this stretch and it makes sense to at least install curbs and gutters. The additional cost for the installation of sidewalk is not a significant part of the overall cost. The $70,000 is basically the engineer's estimate and the project may come in a little bit lower, with the cost for sidewalks probably around $10,000. Council Minutes 5/22/01 -10- Mr. Caton noted Council Member Perkins is correct in that the final phase of the Rancho plan does require the installation of an underpass or overpass so that traffic will be going out to Garfield Avenue. He suggested, if it was the will of the Council to not have sidewalks, that the estimate be reduced to state up to $60,000 and that Downey will not participate in the construction of sidewalks. AYES 3 NOES 2 RESOLUTION NO. 6479 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING FUNDING AGREEMENT WITH THE CITY OF SOUTH GATE FOR THE PAVEMENT REHABILITATION AND RELATED WORK ON GARFIELD AVENUE, FROM GARDENDALE STREET TO THE CITY LIMITS The Resolution was read by title only. It was moved by Council Member Perkins, seconded by Mayor Winningham and carried by the following vote to waive further reading and adopt; and to amend the Funding Agreement to read the Downey share shall not exceed $60,000 and none of these funds will include sidewalks. Council Members: Trejo, Perkins, Winningham Council Members: McCarthy, Cartozian Mayor Winningham noted the park in this area is not maintained and there is not a need for sidewalks in this location. He noted there has been no effort on the County's part to improve the park. Council Member McCarthy felt if sidewalks are excluded and the street is improved it might raise the question of why this section is missing. It may be relayed that this section of Garfield Avenue is in the City of Downey and it may not reflect positively on the City. He suggested the City make the expenditure for sidewalks and hoped this improvement would urge the County to improve the park. �.., Council Member Cartozian inquired how the breakdown of funding would change if the City's amount was changed. Mr. Alvarez advised the change would only be in the appropriation of AB 2928 Funds where instead of $70,000 it would be $60,000. He noted, since the project is to be constructed shortly and the cycling of a grant application and review would take some time, alternate funding sources were sought, which is now AB 2928 Funds. Council Member Trejo inquired about the City's liability if someone was hurt and claimed it was because there were no sidewalks and was informed the City could be liable both ways, with and without sidewalks, and it would depend on how the accident occurred. It was moved by Council Member McCarthy to approve staff's recommendation. The motion died for lack of a second. Council Minutes 5/22/01 -11- -0i 3efi 013::'502 OTHER BUSINESS - Council Members Council Member Trejo mentioned attending the Downey High School Hall of Fame event where his father -in -law was inducted into the Hall of Fame. He commended the high school for its cleanliness, landscaping and security. Council Member Trejo commended Code Enforcement for the fine job they are doing in enforcing the City's laws. Mayor Pro Tem Perkins mentioned attending a Meals on Wheels meeting, and praised this large group of volunteers who supply meals to shut -ins and handicapped citizens, Mayor Pro Tem Perkins also mentioned attending the Coordinating Council meeting last Thursday where many community members were recognized for their volunteer work. Council Member McCarthy referred to a notice from the League of California Cities regarding the Governor's May revision of the State Budget, which cuts into local government funding. He mentioned the reduction in sales tax revenue, which cities depend heavily on, and the possible elimination of City programs. Council Member McCarthy noted Monday is Memorial Day and read a quote from former President John Quincy Adams. He mentioned the sacrifices made by individuals who served their nation and invited everyone to attend Memorial Day services at the Downey Cemetery at 11:00 a.m. Council Member Cartozian announced he is looking forward to attending the Annual Public Works Employees' Recognition Breakfast on Thursday. Council Member Cartozian mentioned he also attended the Downey High School Hall of Fame ceremony, referring to famous individuals who were previously inducted. He referred to comments by Council Member Trejo and noted Tom Houts deserves the recognition for improved landscaping at the high school. Council Member Cartozian noted the last two months of the school year involves heavy testing, finals, and projects due, which make this a difficult time for students and he wished them well on this final stretch of the school year. Council Member Cartozian commended the Police and Fire Chiefs for always being accessible and willing to discuss public matters. Mayor Winningham acknowledged Police Corporal Michael Pope who was asked by the District Attorney's Office to participate in the Project LEAD Program, a program through the District Attorney's office that meets with fifth grade students to enlighten them about the role of law enforcement and the decision making process. He noted Officer Pope made quite an impression on fifth grade students at Lewis Elementary School, who stated he exemplifies what an officer should represent. Mayor Winningham advised that MADD (Mothers Against Drunk Drivers) acknowledged Officer Mike Parino for making 102 DUI (driving under the influence) arrests in the year 2000. Council Minutes 5/22/01 -12- Mayor Winningham recognized and praised recent graduates of the Citizens Police Academy who commended the Police Department for an excellent program. He noted this program gives citizens an insight to law enforcement at work and a better understanding of the Police Department. He urged citizens interested in attending to contact their Council Members. Mayor Winningham announced the DARE Program graduation at 9:30 a.m., Thursday, May 24th, at Warren High School. He noted this is a very positive program that makes kids aware of alcohol and drug related issues. OTHER BUSINESS - Staff Members 133( Mr. Caton explained the negotiations with Caltrans for the relinquishment of Lakewood Boulevard, which has been ongoing for many years, and complimented Public Works Director Desi Alvarez for his diligent work. Mr. Caton commented on the decreased revenue to cities from the State Legislature lowering Department of Motor Vehicle (DMV) fees, as referenced by Council Member McCarthy. He noted the only Constitutionally protected City funding source is the motor vehicle license fee, which citizens voted to protect, and pointed out this was the only funding source the State cut two years ago, with the guarantee they would use General Fund money to backfill the lost revenue. He noted it is unfortunate that the City must now fight to regain these funds. Mr. Caton recognized Assistant City Manager Lee Powell on his appointment as City Treasurer and thanked the Council for this wise selection. The meeting recessed at 9:32 p.m. and reconvened at 10:20 p.m. with all Council Members present. ADJOURNMENT: 10:20 p.m. The meeting was adjourned in memory of George Anne Finck, a Downey resident, wife of retired Los Angeles Police Department officer Stuart Finck, and former PTA President at Gallatin Elementary, East Middle and Downey High Schools, to 4:00 p.m., June 12, 2001, in the Council Chamber of Downey City Hall, for the purpose of a Budget Study Session. Kathleen L. Midstokke, City Clerk H.\CCLERK \SCOK E'\ IINUTESIccmn0522 Council Minutes 5/22/01 -13- Robert C. Winningham,